Health and Consumers Health and Consumers

Regulation (EU) No 1169/2011

on food information to consumers

Current status and developments

Christophe Didion

Health and Consumers Directorate General

European Commission

FIAB Seminar

Madrid 5th November 2014

Health and Consumers

Topics

2

Questions & Answers

Nanomaterials

Origin

Allergens

Health and Consumers

Topics

3

Report on trans fatty acids

Report on alcoholic beverages

Nutrition declaration

Health and Consumers

Question & answers

• On the basis of questions raised by stakeholders and Member States

• Not a legally biding document, but reflects

• consensus on certain issues

• Pragmatic approach

• First version available from January 2013

http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/docs/qanda_application_reg1169-2011_es.pdf

• Addendum under final correction

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Health and Consumers

Question & answers

• New questions and answers will be grouped in an addendum, which is under final correction.

• Nutrition labelling: last discussion with Member States in June 2014

• General labelling: last discussion with Member States in October 2014

• Publication of the addendum in November

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Health and Consumers

Nanomaterial labelling

Article 18.3 of Régulation (EU) No 1169/2011

• All ingredients present in the form of engineered nanomaterials shall be clearly indicated in the list of ingredients.

• The names of such ingredients shall be followed by the word ‘nano’ in brackets.

• Application: 13 December 2014

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Health and Consumers

Adaptation of the definition of manufactured

nanomaterials

Article 18.5

• "[…]the Commission shall […] adjust and adapt the definition of engineered nanomaterials […] to technical and scientific progress or to definitions agreed at international level."

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Health and Consumers

Current definition

• Article 2(2) (t)

• 'engineered nanomaterial’ means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or that is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale. […]

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Health and Consumers

Adaptation of the definition of manufactured nanomaterials: process

• 20 October 2011 Commission Recommendation (OJ L 275/38, 20/10/2011)

• February – May 2013 – Member States and stakeholders consultations

• 12 December 2013 – Commission delegated act

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Health and Consumers

New definition

“engineered nanomaterial” means any intentionally manufactured material, containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1 nm to 100 nm.

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Health and Consumers

By derogation:

(a) food additives covered by the definition set out in the first paragraph shall not be considered as engineered nanomaterials, if they have been included in the Union lists […]

(b) fullerenes, graphene flakes and single wall carbon nanotubes […]

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New definition

Health and Consumers

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Adaptation of the definition of manufactured nanomaterials: process

12 March 2014 : with 402 votes for, 258 against and 14 abstentions, European parliamentarians approved a resolution rejecting the new definition:

• "it is precisely food additives that may be present as nanomaterials in food"

• "the FIC Regulation does not provide for a distinction between existing and new nanomaterials"

• "a threshold of 10 % as recommended by the EFSA would be more appropriate"

Health and Consumers

Adaptation of the definition of manufactured nanomaterials: next

steps

• New proposal by the Commission Commission

• Application of the FIC Regulation with the current definition from December 2014

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Health and Consumers

Origin labelling: new provisions

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Mandatory origin labelling for the meats of pork, goat, sheep and poultry.

• 13 December 2013 – adoption of implementing act

• 1 Avril 2015 – application

Health and Consumers

Origin labelling modalities for these meats

• Place of rearing = last country where

• pork was reared during 4 months,

• poultry during 1 month

• sheep/goat during 6 months

• Place of slaughtering

• Geographical level : country or "non-EU" if third countries

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Health and Consumers

• (simplified) Article 26.3 - Voluntary origin labelling:

• Where the origin of a food is given and where it is not the same as that of its primary ingredient:

• (a) the origin of the primary ingredient shall also be given; or

• (b) the origin of the primary ingredient shall be indicated as being different.

•

• To be applied, this provisions need modalities via an implementing act.

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Origin labelling: new provisions

Health and Consumers

Voluntary origin labelling: implementing act

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• September 2013 – impact analysis

• Decembre 2013 – draft implementing act discussed with Member States

• Adoption procedure on hold

Health and Consumers

Possible extension of mandatory origin labelling

• December 2013: Report on the mandatory origin labeling of meat used as an ingredient

• December 2014: Reports concerning:

other meats (horse, rabbit);

milk;

milk used as an ingredient in dairy products;

unprocessed foods;

single ingredient products;

ingredients that represent more than 50 % of a food.

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Health and Consumers

Origin labelling options

• Geographical level:

• EU / non-EU or EU / third country

• Member State or third country

• Region

• Origin definition:

• Place of production

• Place of ingredient origin (where the ingredient was harvested)

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Health and Consumers

Origin labeling of meat used as an ingredient

• Report adopted in December 2013

• Data concerning:

Consumer interest

Cost for different options

Impact on internal market and trade with third countries

• Orientation debate between agriculture ministers in March 2014

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Health and Consumers

Information concerning allergens for non-prepacked foods

•Article 44 – FIC •

• Foods offered for sale to the final consumer or to mass caterers without prepackaging

• Foods packed on the sales premises at the consumer’s request or prepacked for direct sale

• Possibility to fix modalities via national provisions

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Health and Consumers

• Draft national measures were already notified by Spain, Belgium, Finland, Grece, the Netherlands, Ireland, Hungary, Slovenia and Sweden

• The national measures not only provide modalities for delivering allergen information but impose mandatory information particulars for non-prepacked foods.

•

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Information concerning allergens for non-prepacked foods – national measures

Health and Consumers

• Unpacked / packed at points of sale at the request of the buyer

• Name of the food + 'packaged in protective atmosphere', information of the presence of sweeteners, liquorice, cafein

• Allergens – can be provided orally under certain conditions

• Quantity of key ingredients

• Alcohol content for alcoholic beverages

Does not apply to non-prepacked foods supplied by mass caterers except information on allergens

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Food information for non-prepacked foods – Spanish draft measure

Health and Consumers

• Packed by retailers for immediate sale

• General rule: same mandatory information as for prepacked

• Fruit, vegetables & tubers – Sale designation

– Origin

– Net amount

– Food business identity

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Food information for non-prepacked foods – Spanish draft measure

Health and Consumers

Report on trans fatty acids

• Presence of trans fatty acids in foods

• Impact of measures concerning

• Infotrmation to consumest about trans fatty acids

• Restrictions on the use of trans fatty acids

In collaboration with the Joint Research Centre

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Health and Consumers

Report on trans fatty acids

• Bibliography

• Workshop and JRC report

• Member States consultation

• Stakeholders consultation

• Publication of Commission report

26

Health and Consumers

Report on alcoholic beverages

• Ingredient list

• Nutrition declaration

• Alcopops

• First discussion with Member States in 2013

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Health and Consumers

Nutrition declaration: addition forms of expression and

presentation

• Graphics complementing numerical values

• Symbols complementing nutrient name

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Health and Consumers

• Use by operators

• Recommendations by national authorities

• No authorisation – no notification but criteria

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Nutrition declaration: addition forms of expression and

presentation

Health and Consumers

• June 2013 UK recommendation

• December 2013 Information to the Commission

• 2013-2014 Debates at EPSCO, AGRI and COMP Councils

• October 2014 Letter of formal notice

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Nutrition declaration: addition forms of expression and

presentation